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Ord No 13-12-2129ORDINANCE NO. 13-12-2129 An Ordinance of the City of South Miami, Florida, abandoning a portion of the alley that was commonly known as the 63rd Terrace Alley (the alley, except for the portion in question, was abandoned in 1992), and for the reversion of title of said property to the abutting property owner. WHEREAS, the City commission has the power to vacate, abandon, discontinue and close an existing public or private street, alley -way, road, highway or other place used for travel or any portion thereof, other than a state or federal highway, and to renounce and quit claim any right of the City and the public in and to any land in connection therewith; and WHEREAS, the Administration, in 1992, recommended the vacating of that alley commonly known as 63rd Terrace Alley and legally described in the attached Exhibit" 1 ", as the said alley was not serving any public purpose to the City and because, upon its reversion to the adjacent property owners, it would constitute additional ad valorem tax revenues to the City; and WHEREAS, on July 28, 1992, a public hearing was set for September 1, 1992 at 7:30 P.M. and notice thereof was published in a newspaper of general circulation in Miami -Dade County at least two weeks prior to the public hearing; and WHEREAS, the City Commission, on September 1, 1992, having completed the public hearing, ordained that the alley commonly known as 63rd Terrace Alley and legally described the attached Exhibit. "1" within the City of South Miami was thereby, abandoned, renounced, and disclaimed by the City of South Miami and, pursuant to the plat creating that alley, revert to the ownership of the immediately adjacent properties, which was the property legally described as Lot 1, Aurora Gardens, Plat Book 69, Page 9, Public Records Dade County, Florida. WHEREAS, the original abandonment excluded the property legally described in the attached Exhibit 2; and WHEREAS, on June 19, 2012, the Planning Board at the request of the abutting property owner and following a public hearing, recommended the City Commission abandon the remaining 135.31 square feet legally described in the attached Exhibit 21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The portion of the previously abandoned alley (that was commonly known as 63rd Terrace Alley) abutting Lot 1, Aurora Gardens, Plat Book 69, Page 9, Public Records Dade County, Florida, that is more fully and legally described in the attached Exhibit 2, is hereby vacated, abandoned, discontinued and closed. The City hereby renounces any right of the City, and of the public, to the property described in Exhibit 2 and hereby quit claims ownership in said property, and authorizes the reversion of title, to the current owner of the immediately adjacent property that is legally described as Lot 1, Aurora Gardens, Plat Book 69, Page 9, Public Records Pg. 2 of Ord. No. 13 -13 -2129 Dade County, Florida. The property owner shall pay the costs associated with the abandonment of this property, including costs of all publication concerning this ordinance and the cost of recording of this ordinance, all attachments thereto and the proof of publication. Section 2. Notice. Notice of the adoption of this Ordinance by the Commission shall be published one time, within 30 days following its adoption, in one issue of a newspaper of general circulation published in Miami -Dade County. The proof of publication of the notice of public hearing, the Ordinance as adopted, and the proof of publication of the notice of the adoption of such Ordinance shall be recorded in the deed records of Miami -Dade County. Section 3. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re- lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 6. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 21 stday of August , 2012. T: CITY CLERK Q 1St Reading - 8/7/12 _ . ORM: COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman Commissioner Harris: Commissioner Welsh: 5 -0 Yea Yea Yea Yea Yea South Miami A8- America CEty I N Rio CITY OF SOUTH MIAMI �C o RYOP OFFICE OF THE CITY MANAGER ° INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Christopher Brimo, AICP ( ' Planning Director Date: July 24, 2012 SUBJECT: An Ordinance of the City of South Miami, Florida, abandoning a portion of thee" alley that was commonly known as SW 63rd Terrace Alley (the alley, except for the portion in question, was abandoned in 1992), and for the reversion of title of said property to the abutting property owner. SUMMARY OF REQUEST The applicant is requesting the review and approval of the abandonment of approximately 135.31 square feet of public right -of -way commonly known as SW 63rd Terrace (Alley) described in the attached Exhibit A . This alley was approved for abandonment to the two adjacent property owners by the City Commission on October 5, 1992, by Ordinance #24 -92 -1519. However, the abandonment did not take into account the small triangular portion of right -of way at the northeast corner of the property abutting SW 65th Avenue (indicated below) and as described in Exhibit A, which is the subject of this request. Original Portion of ROW abandoned in 1992 Tom., 6 no a4th S4f( i&18i 1 �I Subject On June 19, 2012 the Planning Board following a public hearing, .voted 6 ayes, 0 nays recommending approval of the request for abandonment of the referenced property. RECOMMENDATION Staff recommends that the Commission consider the proposed request for the abandonment of a portion of City right -of -way for 6310 SW 65`x' Avenue (Exhibit 2). Attachments: Exhibit 1 & 2 (survey) Draft Ordinance Ordinance #24 -92 -1519 Planning Board Minutes 2 EXHIBIT 11111 It i 1 .I ......................I ................_........ _ •rr.. _•..- ... ...............1. ,a u . e '°'G:(rt �':. `•": wit � :t ! ~ �� ::d t � rl et Syyc svteay.8 � •'•n y2 kj ..� ..[[MM Land Surveyors, Inc. Y •.e:., ,aitets:.., www pxacteland.corn Toll Flee N66. 735 -1916 F8664744-2882 "'. , :.'.; .. „ • � Sin W, PROPERTYAaP!t SS 6310 SW6SthAVENUE SOMMIAMI,f(orWa33i43 FIELD WORKDATEfm ? mtT. " REVISION DATE(S):hnb 9)7272011) 9w3 7172!2011) 0w,¢ 9/224011) 6w k WWII). aainz trsr }�r LOTAMkM AIGUIf1L±AECOaIMY NOTAPAKrOrT1119PLAT TO 8"4 vxmeremwnrotuaosnvoe 56 9!53'52' C I25 9I' P 1) 9 89°53 "32' I/XYft NO (D yybr7c sour. H 251 of 5W63RO TERRACEA arc VAG 73,%7 + ih LOTy, `t nrama)o it t �2 �1N wUy T�S�f jQ� )J I x. ' t s89'S95rW 125.20m ? 4 LOt' 2 ' • � 1:Q...: _:.:. ..�. TAM; LI N89°53'42'W25W(P) s 11 N 89!58'42'. W 24.95' W) :. s i, ",,. l POWNpy_ L2 N 89'53''42' W. 25.09' (P1M) ,.. , ..:.• .. y.. �_ L3 No'1916a� ov. � l Na�9�a-r' :ar • b Y 1 q IIt . _ � %r . ` ll GRAPHIC SCALE (In Feet) -' ,. MILVALEWM 1 Inch — 3D• ft. Ba :fdFlaSltRdfsifNBr!gfffnd3(,Wft - � it 7 �Urse771, bivmylo.( npwlefiwUuntrdMdd, WiNuutYMtteAYcrNCftbn.vA1"MartM Vr•Y13ofi iDtandW+i,wtlLDOryteau3umYar w.hofaCaeSrd- "POINTS'OF "INTEREST• - ' -• VI ....,,.: - .,..., ,..,:..., - ._..::._.. , . .. .. ...._ _ ...- _ NONE`VISIBLE `� "� �� - FLOgD INPORMAT}ON: '$2s'p�ee•rIttnfgn Cf64:` of fy,� ' appe antobe located in zone AH( wdAa Bose flood Elevationol9ANGVD1929 )This Property was found m YoCfTYOF." .fiutr t7 dated 09/111"09. :: ... <,:.. ..UENTNUMBERi' 11111 -R @S. ..:DATF),8/1812011 AFFILIATE t 1 �: �l 1 MEIY{13ERS BWERi )vanWResbepo and JenniferRestrepo SEIIERt- . �. "` • :�` CERTIFIED TOEjUAN M. RESTREPO AND JEN NIFER RESTREPO ,TITLE COMPANY OE FLORIDA, LLC FIRST AMERICAN TITLE `• ;l INSURANCE COMPANY, EVERBANK, NA ? ' wwwo ct and ort lr S eyo Land Surveyors, Inc. rs, In P (305�6bd•616 . f (30SJ666b123 - _. 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REt Inotdri 10'67eamnkally Sig pdofthe PDFF sent bySTAA; yotsMO toot *WdFO kutator.Abae, � .': hr mJNmwhle�umai ln(oL1odLnidSitmhtm To Electronically Von any survey POP. t�.Sase the PUpentoynurmmputer., 2.use'theenlim rod at NSelect the HashMCthod as-SHA- I.01ASubreffr Your PDf hcIW t0rV ally ggAed daA of the characters In the SHA-1 codesubmhted by STARS matches theccde wNch Isproduced by thehash calmiator. Utheyrrarch exactly, yaw PDF is etecnordcally signed, If the codes do not match exacilyyour PDF Is not aulhentK PRINTING INSTRUCTIONS: to YM1a t��a�way )g.�1�iMy.3�UaN�e_ytnyM�.lo`be {1Dad¢ � bIMt11N '2.Sekct q printerwith loyal died paper. 7; finds ")•rintASngs � dck:electthe pl''togJe A. Under the 'rase HarecMesection. Wea the mrrhor Of mpice lhetyov WWW floe to Pmt:'. :. 5. Urdu rA!'1Sge SoYnyxlatbn ckop doves meMi, xlect'Non!• ' 8: UncharktM.: Alto Roml Fad Gnhr,'.shrcAbod :3 7. 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Cl;ty Commiss:lotr hp;v th# nryytez �a vacates abanddli., Wi!savxct.inua And eloso an flxlS it .plsYil:ic Or pziwate a1lgy. -wavy road:; hi,gAway. ox. ot1)Ox Fi tt.Ce 1?scd Eaz travel or 4ny PyXTtsi`4n, t zeSl ,. isfih:Ex tiian A :q;v}P,tte ;dp f¢dexa °] ii,i9haay, and tb YE!nc >ii p Itd di.zat:3:a.:m anY .ri it: o: thgL - !;1iy:. :dtld the puis3s1;, 1P and t'o: ca'r+X UY1,41 th, qudhectiun .-6b6 elv;i3h',r aids, VRERJ A$:; -t4,i4 AdM- Onlnkjtattion,:kia,5. x,edoxiuoded :t woe. I cAts:ng of tjtaL a] lv o.pigip?ril ( $•npltri ar ¢TC'ci. V,0,rz; apd Istga;lly i3egcrilinr}` i'h tstje '.ab L afted Eichlbit; n.:}l"y..arl tile, 84.1 s lag y.rasent -iy set.Vco blo pub:'lio pu =pose to tho G4,t;yA; and W144P :upon its reltinJio,i':tln C:o i4h.t 'addeaent px.:gQext;Ry QVne .o., kc:U #fs101'. te, a tA:bL Saris %1 : (i . va44reym a:x x'.eve'nye'.4*O 'ava pHFJt aSa ile�� orOu' on 'J�u7 3:8', '3A O-2h $;:Iibitl:iq= heariirq::vas 1 i set' Cosa MhVieimliar OIL � 0iU.:::at' ti °i:�a �:t?i`•. :d7* `.$dr. ��ob i✓K�xe�`£��: �s mays tsty tit tsxid ,�yr1 rtOti'r:e' t2i`exe'q." bras: putil%ii iii :n riBW:Kx?ax nf' genexai; ci�:c:u:�;eitst ?gFl ?? :P�de_,Eaynty ,�t:::7�o�ae� �,Wo wrJ,ek�.J,?�i:9;t '�a the< .c7at:cr .s'taited; �er_e�:Yr �£;qz such ilO�l7:_�;n'g�. a.?�d: 4 ' 6{<j Cbtami ss.ioFg :ha`s qow c ",P; 4?rke ctl; •tilY$: p?il l iYc 15edL<ilty'i, r NOHr T!}E1✓L?OiF,, B5: T, J( : §RAA7NE1)' $fit 2y,'aYOR ANp: CITY GOMMI.SSYOtj OF ttit, 0 v OF' SOITTS :MT AMP, MOMR10 , -t. Sect on; .l., That the avll�y comiuonly known. as Ord Terr,,dt e Alley ani? :X'er 11y de•q.cT:Med i i,h: a1iached. EXr1L�.3t "A" wslahin the City of Sa.dt,h :M3;amt bir, and t.tie. sattie her6,y atiandoned; renotitic.ej:, and d sscla. lme.d try 011c .CILy o£ 0916, uth, Miami and sJid19,, p.u` bsuZlnt' to tb.e plat c;ie=xLlrig . that allli:.y, r.eVe:rt tti the ownership: of tha imulediaL.'eI.x acli.a� Ynl. pYOJfeYi i.es, itt this adar t.o Lhe sole ad-iacent Drapesty in the plat: Lot 1•r Aurorn carclon5., Plat Book 69, Page. 9, Public Records Dade County, Florsdd. a :ct ,2;;. :1tgt;3: r h, ! •thy. ;ad4pti .n .bE th:14 Ozd,Lnanee. b ` t Oamtn:k:sS`.J eniil.: Jb •.days...fgl a:aWiriq•: l Oi#'ln :a i:rl 'j�4iix• .oiailh !:..: R!t : ? 'USt i' f! tiklotl; 6; vi! ti 41% e• :� :uult�•.c. ;k }:�dz,t►�p, ��ie r�z'd;��;�tC'g `�s:.atzo�;?��'s�� '� �h.a.,' D�q�3�` 'P.tlbl:tv.a.� •qh Cif the. :k`Pk-tdoo dl4 t. IAh':�� 0��. �Xd, #:xla:�?>♦e.::s�Zai�: "D:e •�'e�fix+iv��S 9 -n. �f;b:+�:.'.�±;e3X °�e�z:.i�rc��: �i��'�;��f'.�,� #�;ts�'�'`v ��-�'n 9 b < '. atii!: c qn�. ►?s`e,:.... : d p,: , p }?h?d. * 14r.fi.xzi° 4: 4;0- ' ai:..Yii: YiS1 . t A'A 1 r bdt nm -A4. 7A -A, ' ?':el'3;?aajl of -dYR :Iffit o& ,off= A . s AtTim 2tF}AU AND 40,P 9)*F,Lt''7a$ TO .FORHt I- 14v �. i� but f. n Vx i t � 6.3" Terrace Alley ri. City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in airy lobbying activities to register with the. City Clerk and pay an annual fee of $500 per Ordinance No. 44 -08 -1979. This applies to all persons who are retained (whetherpaid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 PM. 1 Pledge of Allegiance was recited in unison. II. Roll Call . Action: Dr. Whitman requested a roll call. Board Members present constituting a quorum, Dr. Whitman (Chairman), Mrs. Beckman, Mr. Dundorf, Dr. Haun, Dr. Philips and Mr. Vitafini. Board Member absent: Mr. Cruz (Vice- Chairman). City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support). City staff absent: None City Attorney: Mr. Thomas Pepe. III. Administrative Matters There are no administrative matters at this time. IV. Public Hearings PB42 -020 Applicant: Juan Restrepo Location: 6310 SW 65 Avenue A Ordinance of the City of South Miami, Florida, abandoning a portion of the alley that was commonly known as SW 63rd Terrace Alley (the alley, except for the portion in question, was abandoned in 1992), and for the reversion of title of said property to the abutting property owner. Dr. Hauri read the item into the record. Mr. Brimo presented the item to the Board. There was an abandonment of this property back in 1992 and 135 square feet was not included when it originally came before the Board and the intent is to now correct this. Motion: Mr. Vitalini motioned to approve the item as proposed. This motion was seconded by Mrs. Beckman. Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Dr.' Whitman: Yes Dr. Philips: Yes Mr. Vitalini: Yes Dr. Hauri: Yes Mr. Dundorf: Yes South Miami AlMmedca City I r • ANCOR EO CITY OF SOUTH MIAMI L 1927 OR1 P OFFICE OF THE CITY MANAGER 1 le 9 INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor and Members of the City Commission Via: Chief Orlando Martinez de Castro, Acting City Manager From: Christopher Brimo, AICP Planning Director Date: August 7, 2012 SUBJECT: ITEM No. Addendum to the request for the abandonment of a portion of the alley commonly known as SW 63rd Terrace Alley, by the abutting property owner, Mr. Juan Restrepo. SUMMARY OF REQUEST At the July 24, 2012 City Commission meeting it was requested by Vice Mayor Liebman and approved unanimously by the Commission, that this item be deferred to the next available meeting. This deferral was to allow staff an opportunity to research if it was feasible to sell the property rather than abandon it, what it was worth, and how other municipalities handle similar situations. In researching how other municipalities abandon or vacate public right of way, it was evidenced most jurisdictions either abandon or vacate portions of property to abutting property owners after an analysis of the request to ensure the proposal is not detrimental to the public good, and after a duly noticed public hearing. Others deal more specifically with the sale or lease of public property. I have included the requirements from Florida Statute § 336.09 and 336.10, code requirements from the Village of Pinecrest and City of North Miami, and the requirements for the sale or lease of public property from the Cities of Coral Gables and Miami Beach, for your information. The following computation was used to calculate the estimated value of the 135 square feet being requested. Value per square foot of abutting property Abutting Property 2011 Land Value Lot Size $ /square foot 6310 SW 65 Ave 112,320 14,625 7.68 Note: values and size were obtained from the Miami -Dade Property Appraiser database. Estimated Value ROW - square feet 1/square foot EstimatedrValue 135 7.68 ... s :�.t. ;:: :,� ;� ;t t 5 ��-,: The 2012 Florida Statutes 336.09 Closing and abandonment of roads; authority.— (1) The commissioners, with respect to property under their control may in their own discretion, and of their own motion, or upon the request of any agency of the state, or of the federal government, or upon petition of any person or persons, are hereby authorized and empowered to: (a) Vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the county and the public in and to any land in connection therewith; (b) Renounce and disclaim any right of the county and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state and federal highway; and (c) Renounce and disclaim any right of the county and the public in and to land, other than land constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat as a street, alleyway, road or highway. (2) The commissioners, upon such motion, request, or petition, may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of exercising the authority granted in this section. History. —s. 49, ch. 29965, 19559 336.10 Closing and abandonment of roads; publication of notice.— Before any such road shall be closed and vacated, or before any right or interest of the county or public in any land delineated on any recorded map or plat as a road shall be renounced and disclaimed, the commissioners shall hold a public hearing, and shall publish notice thereof, one time, in a newspaper of general circulation in such county at least 2 weeks prior to the date stated therein for such hearing. After such public hearing, any action of the commissioners, as herein authorized, shall be evidenced by a resolution duly adopted and entered upon the minutes of the commissioners. The request of any agency of the state, or of the United States, or of any person, to the commissioners to take such action shall be in writing and shall be spread upon the minutes of the commissioners; provided, however, that the commissioners of their own motion and discretion, may take action for the purposes hereof. Notice of the adoption of such a resolution by the commissioners shall be published one time, within 30 days following its adoption, in one issue of a newspaper of general circulation published in the county. The proof of publication of notice of public hearing, the resolution as adopted, and the proof of publication of the notice of the adoption of such resolution shall be recorded in the deed records of the county. History. —s. 50, ch. 29965, 19550 Village of Pinecrest: ARTICLE IV. =VACATION OF PUBLIC EASEMENTS OR RIGHTS -O MAY 113] Sec. 26 -81. _ Generally. Sec. 26 -81. - Generally. The village council shall cite specific findings in support of a final decision to vacate a public easement or right -of -way, including an absence of public purpose for the subject easement or right -of -way. Similarly the village council shall identify specific findings in support of any decision to retain the public easement or right -of -way. Any decision to vacate a public easement or right -of -way shall be by resolution of the village council. (1) Proposals to vacate. A proposal to vacate a public easement or right -of -way, excepting street closures, may be, initiated by a vote of the Village Council or upon the filing of an application, as specified herein, by one or more owners of property within the village. (2) Application and review. The village manager or his designee shall review all applications for vacation of public easements and rights -of -way, excepting street closure. Any proposal for vacation of public easements or rights -of -way shall be submitted as an application to the building and planning department. The village manager shall prescribe the form and content of the application for vacation of public easements and rights -of -way, excepting street closure, and shall coordinate a thorough review of such applications with the police department and other village staff as may be appropriate and such other relevant public or private entities providing utilities or other public services within the village as the village may deem appropriate. (c) Findings of no public purpose. In the considering applications for vacating public easements or rights -of- way, the village manager and all relevant village staff shall review whether any public purpose is served by the subject easement or right -of -way. This evaluation shall consider all relevant public purpose options associated with drainage systems; water service; sanitary sewer services; roadways, pedestrian and /or bicycle ways, and alleys; public safety, including emergency service access and egress; communication systems; power and /or fuel networks; or other public or semi - public services essential to the public welfare and safety. Consideration shall include present and future needs for the easement or right -of -way for purposes of accommodating or improving delivery of public services and alternatives available and /or ensuring convenient access for service and /or maintenance or other public benefit now or in the future. In order to affirmatively recommend vacation of easements and /or rights -of -way, the village manager shall render a finding that no current or future public propose can be identified for the subject easement or right -of -way. (d) Public hearing, notice and final determination by village council. The village council shall render the final determination regarding a vacation of a public easement or right -of -way after convening a public hearing with notice given as required by Florida Statutes and written notice to the applicant and /or property owner and providers of public services setting forth the time, place and purpose of the hearing. (Ord. No. 2002 -8, 11- 13 -02) FOOTNOTE(S):(") Editor's note —Ord. No. 2002 -8, adopted November 13, 2002, amended the Code by renumbering former §30-13 of the land development regulations as a new art. 1V, § 26 -81 DIVISION 9. - VACATION AND ABANDONMENT OF RIGHT -OF -WAY AND EASEMENTS Sec. 3 -901. - Purpose and applicability. Sec. 3 -902. - Application. Sec. 3 -903. - Standards. Sec. 3 -904. - Staff review, report and recommendation. Sec. 3 -905. - Planning commission review and recommendation. Sec. 3 -906. - City council review and decision. Sec. 3 -907. - Effect of vacation or abandonment. Sec. 3 -901. - Purpose and applicability. The purpose of this division is to establish a uniform procedure for the abandonment of nonfee property interests of the city. This division applies to city streets, alleys, easements and other nonfee property interests of similar character. (Ord. No. 9278, § 1(exh. 1), 4- 28 -09) Sec. 3 -902. - Application. All requests for abandonment of city streets, alleys, easements and other nonfee interests which the city may have in real property shall be made in writing upon an application form approved by city staff and shall be accompanied by applicable fees, and shall be filed with the community planning and development department. (Ord. No. 1278, § 1(exh. 1), 4- 28 -09) Sec. 3 -903. - Standards. Applications for vacation or abandonment of city streets, alleys, easements and other nonfee interests which the city may have in real property shall be approved provided that it is demonstrated that: A. The nonfee property interest sought to be vacated or abandoned: 1. Does not provide a benefit to the public health, safety, welfare or convenience, in that: a. It is not being used by the city for any of its intended purposes; and b. No comprehensive plan, special purpose plan or capital improvement program anticipates its use; or I 2. Provides some benefit to the public health, safety, welfare or convenience, but the overall benefit anticipated to result from the vacation or abandonment outweighs the specific benefit derived from the nonfee property interest, in that a. The purpose of the interest sought to be vacated or abandoned will be adequately and appropriately served in an alternative manner when the interest is vacated or abandoned; b. The vacation or abandonment will not compromise the delivery of emergency services; c. The vacation or abandonment will not compromise pedestrian or vehicular safety; d. The vacation or abandonment will not interfere with solid waste removal services; e. The vacation or abandonment will not frustrate any comprehensive plan, special purpose plan or capital improvement program of the city; f. The vacation or abandonment will not interfere with any planning effort of the city that is underway at the time of the application but is not yet completed; and g. The vacation or abandonment will provide a material public benefit in terms of promoting development or redevelopment of abutting property, removing blighting influences or improving the city's long -term fiscal position. B. The proposed vacation or abandonment will be accomplished in accordance with all applicable standards of local, state and federal authorities. C. The proposed vacation or abandonment will promote development or redevelopment that will maintain or enhance the character of the surrounding area. D. The proposed vacation or abandonment will not have a negative fiscal impact on the city or result in development that will have a negative fiscal impact on the city. (Ord. No. 1278, § 1(exh. 1), 4- 28 -09) Sec. 3 -9046 - Staff review, report and recommendation. A. Upon receipt of an application pursuant to this division, the community planning and development department director shall review the application to determine whether it is complete. B. The application package shall be distributed either by regular mail or by hand, to all public utility companies and city- operated utilities that have facilities within the area of the interest sought to be vacated or abandoned. The notice shall request their review and comment within twenty (20) days, and shall be delivered to: 1. City manager; 2. Community planning and development department; 3. Public works department; 4. Police department; 5. Parks and recreation department; 2 6. City clerk; 7. City attorney; and 8. Such other agencies as determined by the director of community planning and development. C. Within forty -five (45) days of distribution of the application to public utility companies and city - operated utilities, the director of community planning and development shall: 1. Review the application for compliance with the standards set out in section 3 -903 2. Provide a report which addresses the application's compliance with the standards set out in section 3 -903 and summarizes all comments submitted with regard to the application; 3. Provide a proposed resolution granting approval or approval with conditions; 4. Forward the entire record of the application, including all application materials, the report, the proposed resolution and all correspondence related to the application to the planning commission; 5. Schedule the application for hearing before the planning commission; and 6. Provide notice of the planning commission hearing pursuant to article 3, division 3. D. After the public hearing of the planning commission, the director of community planning and development shall: 1. Schedule the application for hearing before the city council; 2. Forward the entire record of the application, including all application materials, the staff report and recommendation, the proposed resolution, all correspondence related to the application, the findings and recommendation of the planning commission, and the transcript of the planning commission proceeding to the city council; and 3. Provide notice of the city council hearing pursuant to article 3, division 3. (Ord. No. 9278, § 9(exh. 9), 4- 28 -09) Sec. 3 -905. - Planning commission review and recommendation. The planning commission shall: A. Review the application at a public hearing; B. Make written findings with respect to whether the application complies with the standards set out in section 3 -903; and C. Make a written recommendation to the city council with regard to whether the application should be approved, approved with conditions or denied. (Ord. No. 9278, § 9(exh. 1), 4- 28 -09), Sec. 3 -906. —City council review and decision. The city council shall review the application at one (1) public hearing. At the public hearing, the city council shall: 3 A. Decide whether the application should be approved, approved with conditions, denied or deferred; B. If the application is not deferred, make written findings of whether the application complies with the standards set out in section 3 -903 C. If the application is approved or approved with conditions, cause notice of the approval to be published in accordance with section 3 -908. (Ord. No. 1278, § 1(exh. 1), 4- 28-09) Sec. 3 -907. - Effect of vacation or abandonment. A. The effective date of any resolution pursuant to this division shall be the date of adoption of any resolution or in the event the resolution is subject to conditions, the effective date will be compliance with those conditions. B. A vacation or abandonment pursuant to this division shall renounce and disclaim any rights in any land delineated on any recorded map, and shall abrogate the easement theretofore owned, held, claimed or used by or on behalf of the public. The title of fee owners shall be freed and released therefrom, and if the fee of road space has been vested in the city, it is surrendered and will vest in the abutting fee owners to the extent and in the same manner as in case of termination of an easement for road purposes. C. Whenever any street, alley or other public way is vacated or abandoned, the zoning regulations governing the property abutting upon each side of such street, alley or public way shall be automatically extended to the center of the former street, alley or public way. D. Whenever land that is the subject of a vacation or abandonment has been built -up by fill of formerly submerged lands, the zoning regulations applying to the land immediately adjoining such built -up land shall be automatically extended thereto. (Ord. No. 1278, § 1(exh. 1), 4- 28 -09) 0 City of Miami Beach. ARTICLE II. - SALE OR LEASE OF PUBLIC PROPERTY Sec. 82 -36. - Definitions. Sec. 82 -37. - Committee review and public hearing. _Sec. 82 -38. - Planning analysis. _Sec. 82 -39. - Advertised public bidding rop cess Sec. 8240. - Payment of costs. Secs. 82- 41- 82 -70. - Reserved. Sec. 82 -36. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City property includes, but is not limited to, any land, water or air rights. Lease of city property means any right to lease city property by way of agreement, irrespective of consideration being paid to the city, and irrespective of the city's also utilizing or being allowed to utilize the property for any purpose during the term of the lease. For purposes of this article, the term "lease ". shall not include special event permits; revocable permits; concession agreements; convention center use agreements or similar use agreements for short -term use of any of the city's cultural and /or parks and recreation facilities; management and operation agreements; or leases for a term of not more than one year, including option periods. Sale of city property means any conveyance, transfer, gift, exchange or other transaction in which legal title passes from the city to any person or entity, whether or not the city retains any partial title, interest, reservation, easement, right -of -way, dedication, restriction or license in regard to the property. (Ord. No. 92 -2783, § 1, 6- 17 -92; Ord. No. 2006 - 3509, § 1, 3 -8 -06; Ord. No. 2010- 3690, § 1, 9- 15-10) Cross reference— Definitions generally, § 1 -21 Sec. 82 -37. - Committee review and public hearing_ (a) Prior to the sale or lease of city property for a term of more than ten years (including option periods): (1) The proposed sale or lease shall be transmitted by the city manager (without the need for referral by the city commission) to the finance and citywide projects committee, for its review; and (2) The city commission shall have read the title of the resolution approving the sale or lease on two separate dates, with the second reading to be accompanied by a public hearing, which may be set by the city manager and shall be advertised not less than seven days prior to said hearing, in order to obtain citizen input into the proposed sale or lease. (b) Prior to the lease of city property for a term of ten years or less (including option periods): (1) The proposed lease shall be transmitted by the city manager (without the need for referral by the city commission) to the finance and citywide projects committee, for its review; and (2) The city commission may approve the lease on one reading, which shall be accompanied by a public hearing, which may be set by the city manager and shall be advertised not less than seven days prior to said hearing, in order to obtain citizens input into the proposed lease. (Ord. No. 92 -2783, § 2, 6- 17 -92; Ord. No. 2006 - 3509, § 1, 3 -8-06; Ord. No. 2010 -3690, § 12 9- 15-10) Sec. 82 -38. - Planning_ analysis. For any sale of city property, or lease of city property of more than ten years (including option periods), and in order for the city commission and the public to be fully apprised of all conditions relating to the proposed sale or lease of such city property, the city's planning department shall prepare a written analysis, to be submitted to the city commission concurrent with its consideration of the proposed sale or lease, using the following criteria: (1) Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city's comprehensive plan. (2) The impact on adjacent properties (if any), including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level, enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed, the purchaser /lessee shall be responsible for obtaining and paying for a traffic impact analysis from a reputable traffic engineer. (3) A determination as to whether or not the proposed use involves a public purpose, or is in keeping with the community's needs, such as expanding the city's revenue base, reducing city costs, creating jobs, creating a significant revenue stream, and /or improving the community's overall quality of life. (4) A determination as to whether or not the proposed use is in keeping with the surrounding neighborhood, will block views or create other environmental intrusions, and evaluation of the design and aesthetic considerations of the proposed development or project. (5) The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. (6) Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. 2 Notwithstanding any provision in this section 82 -83, the city manager, in his/her reasonable judgment and discretion, may require the planning department to prepare a written analysis (using. the criteria in subsections (1) —(6) above) on any proposed lease, regardless of the term, where the city manager determines that such analysis is in the best interest of the city. (Ord. No. 92 -2783, § 3, 6- 17 -92; Ord. No. 2006 -3509, § 1, 3-8 -06; Ord. No. 2010 -3690, § 1, 9- 15-10) Sec. 82-39. "Advertised public bidding process (a) There shall be no sale or lease of city property unless there has been an advertised public bidding process. For sale or leases of city property, the conditions of this subsection 82 -39(a) may be waived by a five - sevenths vote of the city commission, upon a finding by the city commission that the public interest would be served by waiving such conditions. (b) For any sale of city property, or lease of city property of more than ten years (including option periods), the city shall obtain an independent appraisal of the fair market or rental value of the property. The appraiser must be experienced in determining a reasonable return for projects of a public /private joint venture nature. Should the purchaser or lessee be unwilling to pay the cost of such appraisal, then any such cost may be deducted from a bid bond or similar deposit made in a bid process. The appraisal shall include a determination of the value of the property based on proposed and possible uses including, without limitation, the highest and best use(s) of the property thereof by the proposed purchaser or lessee. With regard to any sale or lease of city property for which an appraisal is required, the conditions of this subsection 82 -39(b) may be waived by a five- sevenths vote of the city commission, upon a finding by the city commission that the public interest would be served by waiving such condition. (Ord. No. 92 -2783, § 4, 6- 17 -92; Ord. No. 2006 -3509, § 1, 3 78 -06; Ord. No. 2010 - 3690, § 1, 9- 15-10) Sec. 82 -40. - Payment of costs. All costs associated with the sale or lease procedures addressed in this article shall, at the option of the city manager, be paid by the purchaser or lessee prior to, or at the time of closing (for sales), or (for leases) execution of the lease agreement by lessee. (Ord. No. 92 -2783, § 5, 6- 17 -92; Ord. No. 2006 -3509, § 1, 3 -8 -06; Ord. No. 2010 -3690, § 1, 9- 15-10) Secs. 82- 41- 82 -70. - Reserved. 3 City of Coral Gables �?rocu>Cemen�., ��od . PURCHASE, SALE OR LEASE OF PUBLIC PROPERTY Sec. 2 -2011. Purchase, sale or lease of public lands. Whenever the city proposes to purchase, sell or lease public lands or buildings, the provisions of this section shall apply, unless the city commission upon a four -fifths vote finds that the public interest would be served by waiving any or all provisions of this article. (Ord. No. 2004 -30, § 2, 8 -24 -2004; Ord. No. 2008 -27, § 2, 10 -28 -2008) Sec.2 -2012. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City property includes but is not limited to any land, water or air rights. Lease of city property means any right to lease city property by way of agreement, irrespective of consideration being paid to the city, and irrespective of the city's also utilizing or being allowed to utilize the property for any purpose during the term of the lease. For purposes of this article, the term "lease" shall not include special event permits, revocable permits, concession agreements, management agreements, use agreements or leases for a term of not more than three years, including option periods. Sale of city property means any conveyance, transfer, gift, exchange or other transaction in which legal title passes from the city to any person or entity, whether or not the city retains any partial title, interest, reservation, easement, right -of- -way, restriction or license in regard to the ro erty. This definition shall include any sale of development rights as defined in this ; _ and transfer development rights. This definition shall not include a vacation or abandonment of a city public right -of -way, including streets or alleys, or the encroachment thereupon. (Ord. No. 2004 -30, § 2, 8 -24 -2004; Ord. No. 2008 -27, § 2, 10- 28-2008) Sec. 2 -2013. City -owned property sale or lease -- Generally; advertised public bidding process. Notwithstanding any provision to the contrary contained in this' `ORE, and except as provided below, the city commission is prohibited from favorably considering any sale or lease of city-owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than 60 days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one - fourth page and the headline in the advertisement to be in a type no smaller than 18 -point and, (b) except as provided below, there shall have been at least three written proposals received from prospective purchasers or lessees; except, if there are less than three such proposals received, the guaranteed return under the proposal whose acceptance is being considered is at least equal to market value, and the city commission determines that the contemplated sale or lease at that time will be in the city's best interest. 12 (Ord. No. 2004 -30, § 2, 8 -24 -2004; Ord. No. 2008 -27, § 2,10-28-2008) Sec. 2 -2014. Appraisals required for purchases, sales and leases. (a) Whenever the city purchases, sells or is involved in a lease of real estate and the fee simple value of the property being bought or sold, or the annual value of the property being leased is in excess of $250,000.00, the city shall, prior to consummating the purchase, sale or lease, have the property appraised by two real estate appraisers holding the M.A.I. designation in order to determine the estimated market value. (b) Should the purchaser or lessee be willing to pay the cost of such appraisal, then any such cost may be deducted from a bid bond or similar deposit made in a bid process. (c) In all lease or sales of property, the conditions of this section may be waived upon a four-fifths vote of the city commission upon a finding by the city commission that the public interest would be served by waiving such conditions of bidding and /or appraisal for the disposition of the property. (d) The city commission shall be informed of each of the appraisals prior to city commission approval or disapproval of the transaction. (Ord. No. 2004 -30, § 25 8-24 -2004; Ord. No. 2008 -27, § 2, 10 -28 -2008) Sec. 2- 2015. Payment of costs. All costs associated with the sale or lease procedures addressed in this article shall be, at the option of the city, paid by the purchaser or lessee. (Ord. No. 2004 -30, § 2, 8 -24 -2004; Ord. No. 2008 -27, § 2, 10 -28 -2008) Sec. 2 -2016. Analysis for the purchase, sale or lease of city property. In order for the city commission and the public to be fully apprised of all conditions relating to the proposed purchase, sale and/or lease of city property, the city manager through a report by the finance, economic development, parking, public works, planning and historic preservation departments, with an analysis from the parking advisory board and historic preservation board, when applicable, shall prepare an analysis with recommendations of the proposed purchase, sale and /or lease of city property, including answers to the appropriate questions below. The budget and audit advisory board, the property advisory board and the economic development board, by whatever name as the boards shall ever be known, shall prepare an analysis using the following criteria: (1) Budget and audit advisory board. a. Is the purchase, sale and /or lease consistent with the property appraisal as required under section 2 -2014? b. What is the immediate impact on the current fiscal budget and the long term effect on future budgets, i.e. the long -term overall effect on the city? c. Considering the city's mission statement, are there other alternatives to entering into the proposed transaction? (2) Property advisory board. a. Does the proposed use conform to the city's comprehensive plan and is it compatible with the surrounding neighborhood? b. Analyze the positive or negative impacts on adjacent property including, but not limited to, open space, traffic, access considerations, noise level, property values, improved development patterns and provision for necessary services including municipal 0 utilities and other infrastructure systems and the needs and costs associated with the needed improvements. To the extent needed, traffic studies and other professional studies required shall be the responsibility of the proposed purchaser, developer, or lessee. c. Are the terms and conditions of the proposed purchase, sale, or lease of city property; or the proposed purchase or lease by the city of non -city property based on market terms and value? (3) . Economic development board. a. Is the proposed use in keeping with city goals and objectives? b. What is the economic impact to the city including, i.e. is the proposed use in keeping with a public purpose and community needs, such as expanding the city's revenue base, reducing city costs, creating jobs, creating a significant revenue stream, and improving the community's overall quality of life? c. Are there alternatives available for the proposed disposition, including assembly of adjacent properties and can the project be accomplished under a private ownership assembly? The finance, economic development, parking, public works, planning and historic preservation departments, with an analysis from the parking advisory board and historic preservation board, when applicable, along with the budget and audit advisory board, the property advisory board and the economic development board's analysis may address such other issues as these boards may deem appropriate in analysis of the proposed disposition. (Ord. No. 2004 -30, § 2, 8 -24 -2004; Ord. No. 2008 -27, § 2; 10 -28 -2008) Sec. 2 -2017. Purchase, sale, lease of real property. (a) Prior to the city's entering into any contract, agreement or lease relating to the purchase, sale or leasing of real property by, to or from the city, all individuals, corporations, partnerships, joint ventures or other legal entities having any interest of any kind in the property to be purchased, sold or leased, shall file with the city a document identifying the extent of its ownership interest in the subject real property. (b) Failure by any party to comply with the requirements of subsection (a) hereof shall render the entire agreement to purchase, sale or lease voidable. (Ord. No. 2004 -30, § 2, 8 -24 -2004; Ord. No. 2008 -27, § 2, 10 -28 -2008) Sec. 2-2018. Hearing. Prior to the purchase, sale and /or lease of city property, the city commission shall hold two public hearings, advertised not less than 15 days prior to the hearing, in order to obtain citizen input into any proposed purchase, sale and /or lease. (Ord. No. 2004 -30, § 2, 8 -24 -2004; Ord. No. 2008 -27, § 2, 10 -28 -2008) Sec. 2 -2019. Authority of city commission to purchase, sell or lease public property. (a) Ordinance requirement /super majority vote for property for sale above $1, 000, 000.00 or lease for a term in excess of ten years. (1) Sale ofproperty with an estimated market value under $1,000,000.00. Except as otherwise provided herein, sale of city land or buildings with an estimated market value under $1,000,000.00 are exempt from this section. 91 (2) Leases for terms exceeding ten years. Except as otherwise provided herein, no lease of city lands or buildings exceeding ten years shall be approved except by authority of an ordinance passed by a recorded affirmative vote of four -fifths of all the members of the city commission. (3) Purchase of property with an estimated market value in excess of $1,000,000.00. Except as otherwise provided herein, no purchase of property shall be approved except by authority of an ordinance passed by a recorded affirmative vote of four -fifths of all the members of the city commission. (4) Leases for terms under ten years. Except as otherwise provided herein, leases of city lands or buildings for terms under ten years are exempt from this section. (b) Resolution requirement. (1) Sale ofcity -owned lands or buildings. Notwithstanding any provision to the contrary contained herein, the city commission is authorized to approve by resolution, the sale of any city -owned land with an estimated market value below $1,000,000.00 by simple majority. (2) Lease of city -owned lands or buildings. Notwithstanding any provisions to the contrary contained herein, the city commission is authorized to approve by resolution the lease of city -owned land or buildings for a term not to exceed ten years, including all options. All other leases or use agreements must comply with the requirements of subsection (a)(2) above. (3) Purchase of property with an estimated market value below $1, 000, 000.00. Notwithstanding any provisions to the contrary contained herein, the city commission is authorized to approve by resolution the purchase of any land or building. (Ord. No. 2004 -30, § 2, 8 -24 -2004; Ord. 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CYO S•' 4u V MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - AUGUST 21, 2012 in the XXXX Court, was published in said newspaper in the issues of 08/10/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, re commis n or refund for the purpose of securin s advertisement fo publication in the said before me this 10 day of AUGUST , A.D. 2012 (SEAL) MARIA MESA personally known to me Notary Public State of Florida l 4° Cheryl H Marmer fa My Commission EE 189528 ofMd" Expires 07/18/2018